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(영문) 수원지방법원 안산지원 2016.05.04 2016고단176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of family.

On June 27, 2014, around 18:15, the Defendant put a horse on the victim D (I, 70 years of age) who is a resident of the same row located in the same roof as he/she was seated on the ground set up in the playground in Ansan-si, the members of the Dong-gu, the Dong-gu, the Sinsan-si. However, on the other hand, he/she had “drain dy about why?” from the damaged person;

I would like to listen to the word of "gambling in the house", I would like to put the transition (21cm in total length, 10.5cm in length) which is a deadly weapon in the house, and put the knife and the knife on the head, and turn the knife to the victim, and the fnife in this year and knife.

I see that this year, we are one time of death in his hand. The same year of death is no superior.

“Intimidating the victim”, the victim was threatened.

Accordingly, the defendant threatened the victim of the excessive crime, which is a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense. Article 283 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing the sentencing of Article 48(1) of the Criminal Act is as follows: (a) the nature of the crime is serious and dangerous by threatening the victim, etc.

However, the agreement was reached with the victim.

The Defendant has no record of committing any crime.

In addition, the records of this case, including the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the theory of change shall be determined as ordered by the sentence.

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